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In the Matter of the TOWN BOARD OF THE TOWN OF CLARKSTOWN et al., Respondents, v. RUBIN STERNGASS et al., Appellants.

Order reversed, without costs, and the judgment of Supreme Court, Rockland County, reinstated. On close balance the court favors the findings of fact by Special Term (see Cohen and Karger, Powers of the New York Court of Appeals, § 112).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

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MATTER OF TOWN BD. OF TOWN OF CLARKSTOWN v. STERNGASS
(Oct 19, 1976)